Sandwell Metropolitan Borough Council (21 000 924)

Category : Environment and regulation > Cemeteries and crematoria

Decision : Not upheld

Decision date : 20 Jul 2021

The Ombudsman's final decision:

Summary: Mr X complained the Council increased the cost of his parent’s memorial plaque at the time of its recent renewal date. He said he was not informed the cost would increase at the next renewal date. There is no evidence of fault by the Council.

The complaint

  1. Mr X complained the Council increased the cost of his parent’s memorial plaque at the time of its recent renewal date. He said he was expecting to pay the same cost he paid ten years ago when he renewed the memorial plaque and that he was not informed the cost would increase at the next renewal date. Mr X said he felt let down by the Council. He paid the renewal fee at the increased cost, and he would like the Council to reimburse him the difference in money he paid. Mr X would also like the Council to compensate him for the time and trouble he has gone through to complain about this matter.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
  2. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

  1. I spoke with Mr X about his complaint.
  2. I considered the information provided by Mr X and the Council.
  3. Mr X and the Council had the opportunity to comment on the draft version of this decision. I considered their comments before making a final decision.

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What I found

  1. Mr X has a memorial plaque for his parents which he purchased from the Council in 2001. On Mr X’s application form for the memorial plaque, it stated the period of the lease was ten years and once it has expired, the Council will issue a renewal letter requesting a renewal fee for a further ten years. Mr X renewed the plaque in 2011 at a cost of £145.
  2. In March 2021, the Council issued him a renewal letter for the memorial plaque at a fee of £223. Mr X said he was expecting to pay £145 again, as he did ten years ago. Mr X continued that the Council did not inform him the cost of renewal would increase and it was also not detailed within his application form.
  3. Mr X complained to the Council. The Council responded to Mr X’s complaint and said fees and charges related to all of its bereavement services were reviewed each year. It considers the increase of costs associated with the services it provides and money required to update its facilities. The Council informed Mr X the money it invests in its cemeteries and crematoriums is to ensure the services it provides continue to meet the needs of the bereaved. The Council provided Mr X with a table which detailed the increase in cost of the memorial plaque by year over the last ten years.
  4. The Council continued with its response to Mr X. It said as part of its memorial purchase process, as well as informing applicants that there will be a renewal fee at the end of the lease, it aims to verbally tell applicants that fees are very likely to increase annually. The Council said as Mr X renewed the memorial plaque over ten years ago, it was not possible to establish what it advised Mr X about costs increasing annually. The Council recognised that it could improve the information it shares with people by clearly explaining renewal costs of memorial plaques may increase annually. The Council said it would review the information in its documents and its website to include information about possible increases in fees and charges.
  5. The Council concluded its response and apologised to Mr X for any inconvenience he was put through in raising his complaint.
  6. Mr X remained unhappy and complained to us. He said he renewed the memorial plaque at the cost of £233 but he would like the Council to reimburse him with the difference in cost he paid. He would also like the Council to compensate him for the time and trouble he went through to complain. Mr X said the cost of the lease should permanently remain at £145.

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Findings

  1. Mr X said he expected the recent renewal fee of the memorial plaque to be the same as what it was ten years ago. The Council informed Mr X that it reviews its fees and charges related to its bereavement services annually and it explained to him why the price of a memorial plaque increases every year.
  2. When Mr X purchased the memorial plaque in 2001, within his application the Council stated after his contract expired, Mr X would be issued a renewal letter requesting a renewal fee for a further ten years. The Council cannot advise at the time of purchase what the fee will be in ten years’ time and it does not state within the document that the fee will remain the same. The Council was not required to maintain the fee at the same level it was ten years ago and it has explained the reasoning behind the fee increase. The Council was not at fault.
  3. Mr X said he was not informed verbally or in writing about the possibility of the fee increasing at the next renewal date. The Council informed Mr X it aims to tell people verbally at the time of purchase however it has recognised it would be good practice if it provided clearer information in the documents it gives to people at the time of purchase and on its website. The Council has since taken action to do this. This is appropriate.
  4. When Mr X received the renewal, the Council advised him what the cost of the renewal would be. Mr X then chose to renew his lease for another period. There was no fault in the Council’s actions.

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Final decision

  1. I have now completed my investigation. I have seen no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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